What Kind of Vehicles are Covered in Lemon Law California?

All automobile companies have a responsibility to design and manufacture safe cars for the public. Unfortunately, however, every auto manufacturer is guilty of producing a defective vehicle from time to time. Even car brands known for their advanced standards and reliability, such as Toyota and Mercedes, make hundreds of lemons (faulty cars) each year.

That’s why lemon laws exist.

Lemon law (also known as the Magnuson-Moss Warranty Act) was established nationwide in 1975 to protect consumers who purchase a defective vehicle under warranty, so is it time to file a lemon law claim? Under lemon law, a driver could be entitled to a buyback (refund) or replacement from the manufacturer if they win their lemon case.

Lemon law exists across the country, but the legal requirements for filing a lemon law case vary from state to state. California lemon law – or the Song-Beverly Consumer Warranty Act – has its own unique set of rules.

Let’s take a closer look at the legal requirements of California lemon law, as well as which types of vehicles are protected.

What Makes a Vehicle a Lemon in CA?

Under California lemon law, a vehicle may be deemed a lemon if it meets the following legal requirements:

• The vehicle manufacturer has made at least two or more attempts to repair a warranty-covered defect; or
• The vehicle has been out of service for more than 30 days while being repaired for warranty-covered problems: and
• The vehicle has a mechanical defect(s) that impacts its use, safety, or value – and was not a result of driver abuse.

Some of California lemon law requirements are a bit vague, which could become an issue for your claim. For example, the law does not specify exactly how many repair attempts are required – only that the manufacturer must have made a “reasonable number” of attempts. Manufacturers can use this as a defense, who may argue that the vehicle wasn’t brought in for enough repairs.

To get the best results, it’s advised that you consult a specialized lemon law attorney in California before filing a claim. They’ll be in a better position to evaluate your situation, ensure your vehicle meets all legal requirements, and prevent potential loopholes from arising.

Types of Vehicles Covered Under Lemon Law in California

Under California lemon law, the following vehicles are included:

·       Cars

Cars purchased for personal use are covered if they meet the requirements. However, you must have bought the car in California to file a claim.

·       SUVs

SUVs are also covered if they meet the legal requirements and are purchased within the state.

·       Vans

Vans are also eligible for protection. However, after-market parts added to a van are not covered by the law.

·       Trucks

Trucks purchased for personal use are covered if they meet the standard requirements.

·       Motorhome or RVs

A motorhome or RV is covered under California lemon law. However, if you add after-market parts, it may be no longer qualify, as these parts can decrease the vehicle’s performance.

·       Scooters

Scooters purchased for personal transportation, such as mopeds, are covered under California lemon law.

·       Motorcycles

Motorcycles used for personal transportation are covered under California lemon law. However, motorcycles designed solely for off-roading or racing are not always eligible.

New Vehicles

New vehicles (purchased within the state) are covered under CA lemon law as long as the manufacturer warranty is still good when the defect is first reported. Generally, warranties last three years or before 36K miles accrue on the odometer, but this can vary based on the brand.

To be safe, you should check your vehicle’s warranty period with the manufacturer before filing a lemon law claim.

Used Vehicles

Most states do not have a lemon law that covers used cars. However, California covers both used and new vehicles, as long as they are still under warranty.

Many used cars sold from a dealership come with a “dealer warranty,” – which is generally suitable for 30 days or before 1000 miles accrue on the odometer. So, it’s essential to act quickly if your car malfunctions within this period. Otherwise, pursuing a lemon law claim for a used car will be difficult.

However, if you purchase a used car “as is” – like in a private sale or from a dealer – there will be no warranty in place. If you buy a vehicle “as is” from a dealer, this clause must be clearly displayed on the buyer’s guide.

“As is” means the vehicle will not be covered under CA lemon law. In this case, you will take full responsibility for any issues that arise with your used car and won’t likely be able to pursue a buyback.

In short, the used vehicle must still be under the original manufacturer warranty or the dealer warranty to apply for lemon law.

Business Vehicles

The California Lemon Law covers vehicles purchased or leased for business use so long as:

• The vehicle weighs less than 10,000 pounds.
• The vehicle is registered to no more than five people in the state of California.

Keep in mind that if your business owns any vehicles registered outside of California, these will not qualify for protection under the state’s lemon law.

Wrap Up

You may be entitled to a refund or replacement under California lemon law if you discover a mechanical defect in your new or used vehicle while under warranty. If you win your case, the manufacturer will be responsible for paying your legal fees – but it’s important to act quickly.

If you have any questions about California lemon law, contact the lemonlawlawyerscalifornia.com today. They’ll review your claim and fight to ensure you get all the compensation you deserve!